Case 4103007/2022 · Employment Tribunal
Ms V Lindsay v HBOS plc — 2022
- Case reference
- 4103007/2022
- Decision date
- 27 September 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge Jones
- Venue
- Glasgow
Parties
2 namedClaimant
Ms V Lindsay
Respondent
Key findings
Tribunal's reasoningThe claimant was employed by the respondent from 4 September 2000 until she resigned with immediate effect on 19 January 2022. She had PTSD and anxiety, which the respondent knew about, and was absent from work from October 2021. The Tribunal found that her line manager knew contact about work was increasing the claimant's anxiety and that the claimant was concerned about her continuing employment.
The Tribunal found that on 30 November 2021 the line manager insisted, without proper cause, that the claimant ask her medical practitioners to review her treatment, despite the claimant being content with her existing treatment and support. The Tribunal found this conduct seriously damaged the relationship of mutual trust and confidence.
The Tribunal also found that the line manager's 17 December 2021 call about the claimant's social media posts and cake making, when the claimant was off sick with severe anxiety and there had been an expectation of no further contact until January, was itself a clear breach of mutual trust and confidence. The Tribunal found there was no proper reason or urgency for raising the matter at that time, and that the claimant resigned in response to the breaches without undue delay or affirmation of the contract.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal found that the claimant was constructively dismissed by reason of breaches of the implied term of mutual trust and confidence, and was unfairly dismissed. No separate breach of contract remedy was awarded. | Upheld | — | £22,305 |
Remedy
Monetary award- Total award
- £22,305
- across all upheld claims
- Basic award
- £9,250
- statutory, unfair dismissal
- Compensatory award
- £13,055
- compensatory remedy recorded
Legal tests applied
7 references- s.95(1)(c) Employment Rights Act 1996
- Western Excavating Ltd v Sharp
- implied term of mutual trust and confidence
- Malik v BCCI
- Eminence Property Developments Ltd v Heaney
- Lewis v Motorworld Garages Ltd
- Omilaju v Waltham Forest Borough Council
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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